In Re Wright

690 P.2d 1134, 102 Wash. 2d 855
CourtWashington Supreme Court
DecidedNovember 1, 1984
DocketB.A. 2
StatusPublished
Cited by10 cases

This text of 690 P.2d 1134 (In Re Wright) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Wright, 690 P.2d 1134, 102 Wash. 2d 855 (Wash. 1984).

Opinions

[856]*856Brachtenbach, J.

This case involves an application for admission to the State Bar Association.

Jimi T. Wright, the applicant, graduated from law school, twice failed the bar examination, then passed the July 1982 examination. After several hearings, the Board of Governors of the Bar Association recommended admission. By order we denied admission.

Wright petitioned for reconsideration on the merits and alternatively for clarification of his status as to future application for admission.

We deny reconsideration on the merits, set forth our rationale on the merits and clarify Wright's status as to future application.

In 1973 Wright was convicted by a jury of second degree murder while armed with a firearm, a firearm for which he had applied for a permit, but which permit was not yet valid at the time of the killing. He was sentenced to not more than 20 years. He appealed; the conviction was affirmed. State v. Wright, 12 Wn. App. 585, 530 P.2d 704, review denied, 85 Wn.2d 1006 (1975). He was represented at trial and on appeal by an able and experienced criminal defense attorney.

While his appeal was pending, Wright was free on bail. In 1974 he was charged with possession of heroin. In his application for an APR 9 status Wright represented that he was charged with possession of .25 gram of heroin. In fact he pleaded guilty to possession of .65 gram. He was sentenced to 5 years, suspended on condition that he serve 1 year in the county jail; he did so. Again he was represented by an able and experienced criminal defense lawyer.

In July 1975, after his conviction was affirmed, his minimum term was set at 10 years with a 5-year mandatory. He served 3 years 8 months in the institution. He was paroled and was discharged from parole in February 1983.

This court has the inherent power to admit or not admit [857]*857to the bar association applicants quite apart from and independently of the recommendation of the Board of Governors. In an early case, In re Bruen, 102 Wash. 472, 476, 172 P. 1152 (1918), we said:

It is true that the judicial power of this court was created by the constitution, but upon coming into being under the constitution, this court came into being with inherent powers. Among the inherent powers is the power to admit to practice, and necessarily therefrom the power to disbar from practice, attorneys at law. Formerly attorneys were admitted in various courts. The legislature, with a view of bringing about uniformity in the requirements and standards for admission of attorneys, conferred the whole matter of admission of attorneys upon this court, and this court is the only court entitled to admit and enroll attorneys in the state of Washington.
. . . The power to admit, so far as the statutes of this state are concerned, is vested in the supreme court. The cases are fairly uniform upon the proposition that admitting to practice, suspending, and disbarring are judicial functions.

"The authority of this court to promulgate rules setting forth the qualifications to be met by an applicant for the practice of law in this state is unquestioned." In re Brooks, 57 Wn.2d 66, 72, 355 P.2d 840 (1960), cert. denied, 365 U.S. 813, 5 L. Ed. 2d 692, 81 S. Ct. 694 (1961) (Finley, J., concurring in the result). Accord, In re Ellis, 118 Wash. 484, 203 P. 957 (1922); In re Levy, 23 Wn.2d 607, 617, 161 P.2d 651, 162 A.L.R. 805 (1945); In re Chi-Dooh Li, 79 Wn.2d 561, 565, 488 P.2d 259 (1971).

This power is recognized in the Admission to Practice Rules. The former APR 5(d) provides that after receipt of the Board of Governors recommendation, "[t]he Supreme Court may thereupon examine the recommendation and accompanying papers and make such order in each case as it deems advisable." The former APR 5(e) provides that "[t]he Supreme Court shall enter an order admitting to practice those applicants it deems qualified . . .". (Italics ours.)

[858]*858The former APR 2(b)(3) requires that an applicant be of good moral character. The former APR 5(g) mandates an oath of attorney that he is fully subject to the laws of the State of Washington and will abide by the same.

While the Code of Professional Responsibility applies to admitted lawyers, its provisions provide guidance by analogy to evaluate the fitness of an applicant to be admitted. We can look to CPR for guidance in setting admission standards. CPR DR 1-102(3) mandates that a lawyer shall not "[e]ngage in illegal conduct involving moral turpitude." In re Stroh, 97 Wn.2d 289, 644 P.2d 1161 (1982). CPR EC 1-6 states that an applicant for admission to the bar may be unqualified, temporarily or permanently, for other than moral or educational reasons. CPR EC 1-5 provides that "[o]bedience to law exemplifies respect for law."

A lawyer is an officer of the court. This means that an attorney must have respect for the court, the laws under which the system operates and indeed, the entire legal system. Inherent therein is his respect for the rights of others, including their lives.

The twin questions of good moral character and fitness to practice law escape precise definition. We are impressed by the analysis of the Florida court. In Florida Bd. of Bar Examiners. Re: G.W.L., 364 So. 2d 454, 458 (Fla. 1978) it said:

In our view, a finding of a lack of "good moral character" should not be restricted to those acts that reflect moral turpitude. A more appropriate definition of the phrase requires an inclusion of acts and conduct which would cause a reasonable man to have substantial doubts about an individual's honesty, fairness, and respect for the rights of others and for the laws of the state and nation.
. . . The inquiry into good moral character which emphasizes honesty, fairness, and respect for the rights of others and for the laws of this state and nation is a proper and suitable standard for those who desire to be [859]*859an integral part of the administration of justice in the courts of this state.

See also In re Willis, 288 N.C. 1, 215 S.E.2d 771, appeal dismissed, 423 U.S. 976, 46 L. Ed. 2d 300, 96 S. Ct. 389 (1975). Nonetheless, we have no doubt that the taking of a life under circumstances amounting to second degree murder does not exhibit good moral character. Wright offers extenuating circumstances, but the jury rejected his contentions in a trial found by the Court of Appeals to be free of reversible error.

We are much disturbed by the fact that in the 123 pages of the report of the proceedings before the Board of Governors, where Wright was the only witness, there is not a single expression of remorse for the murder of the victim. Rather, he characterizes it as "bad judgment." No sorrow, no regret expressed, just "bad judgment."

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Bluebook (online)
690 P.2d 1134, 102 Wash. 2d 855, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-wright-wash-1984.